Pearson v. French
Supreme Court of Vermont
This was a suit brought before a justice of the pelee, and came into this court by appeal. The defendant pleaded the following plea in abatement at the May Term of the county court, 1835, which was entitled June Term,, 1835. “ And now the said defendant comes here into court, and prays judgment that said suit abate, and the plaintiff prosecute the same no farther, because he says that, although the plaintiff's, writ was served by copy, as is named in the return on said writ,…
Read the full summary
This was a suit brought before a justice of the pelee, and came into this court by appeal. The defendant pleaded the following plea in abatement at the May Term of the county court, 1835, which was entitled June Term,, 1835. “ And now the said defendant comes here into court, and prays judgment that said suit abate, and the plaintiff prosecute the same no farther, because he says that, although the plaintiff's, writ was served by copy, as is named in the return on said writ, yet said copy was left with the defendant, and served on him after sun-down, on Saturday night, on the 13th day of…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, J.
No intendment is to be made in favor of a plea in abatement, bu.t every reasonable intendment should be made in favor of the regularity and sufficiency of the proceedings. And here, as the defendant has not made the writ and officer’s return a part of his plea, by craving oyer, and setting them forth, or indeed, by referring to them, we cannot look beyond the plea to cure any oí its defects. The plea is demurred to, and we must decide its sufficiency. And we think it defective in many points, of no great importance practically, but…
2Cases cited1 opinion
- Slayton v. Inhabitants of ChesterMassachusetts Supreme Judicial Court · 1808
3Cited by6 opinions
- C. Callahan Co. v. Wall Rice Milling Co.Indiana Court of Appeals · 1909
- United States ex rel. Strait v. United States Fidelity & Guaranty Co.Supreme Court of Vermont · 1907
- Ingraham v. LelandSupreme Court of Vermont · 1847
- Landon v. RobertsSupreme Court of Vermont · 1848
- McKenzie v. RansomSupreme Court of Vermont · 1850
1 more not listed; retrieve them via the Exa API.